HomeMy WebLinkAboutO-1990-1709
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ORDINANCE NO. 1709
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF LA PORTE AND THE CITY OF DEER PARK FOR WATER AND SEWER SERVICE TO
CERTAIN EXISTING COMMERCIAL ESTABLISHMENTS LOCATED WITHIN THE
CORPORATE LIMITS OF DEER PARK, ON UNDERWOOD ROAD, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The Mayor is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated, and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of June, 1990.
CI;~ OF LA PORTE
BY Lid!l2!z.~~ ~
No~man L./~alone, yo
AT~~
Cherie Black
City Secretary
~~~
Knox W. Askins
City Attorney
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AGREEMENT
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This Agreement made and entered into by and between the CITY
OF LA PORTE, a municipal corporation of Harris County, Texas,
hereinafter referred to as "LA PORTE" and the CITY OF DEER PARK,
a municipal corporation of Harris County, Texas, hereinafter
referred to as "DEER PARK,"
WIT N E SSE T H:
WHEREAS, DEER PARK is in need of potable water and sanitary
sewer services for the benefit of existing businesses situated on
Underwood Road within the city limits of the City of Deer Park, now
being served by LA PORTE, and
WHEREAS, LA PORTE is able and willing to continue to provide
said water and sewer services to said businesses in DEER PARK, upon
the terms, conditions, and covenants herein contained:
NOW, THEREFORE, pursuant to the authority granted by the
Interlocal Cooperation Act (Art. l58lh, V.A.T.S.), and in
consideration of the mutual covenants, agreements, and benefits to
both cities, it is hereby agreed as follows:
I.
LA PORTE has been supplying potable water and/or sanitary sewer
service to the commercial establishments listed on Exhibit "A"
attached hereto and incorporated by reference herein. The list of
commercial establishments on Exhibit "A" is a complete list, to the
best knowledge and belief of the parties hereto. DEER PARK desires
to provide water and sewer services to the subject properties in a
timely manner, but is unable to do so immediately. DEER PARK has
requested LA PORTE to continue to provide these services during the
interim period until such services can be provided by DEER PARK.
II.
DEER PARK grants LA PORTE authority and permission to continue
to provide water and sewer services to such properties, in
accordance with the rules, regulations, tariffs, and ordinances of
LA PORTE. LA PORTE shall have the authority to charge such
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customers, which are outside the corporate limits of LA PORTE, at
its established rate of 150% of the rates charged to LA PORTE
residents for the same or similar services. In addition, LA PORTE
shall have the right to take such steps as it deems appropriate to
collect for water and/or sewer services previously rendered to
certain of such commercial establishments in prior years, for which
LA PORTE has not been paid.
III.
LA PORTE shall have the authority to enforce the provisions of
its Industrial Waste Ordinance, and any amendments thereto, upon the
water or sewer customers served by LA PORTE within DEER PARK during
the term of this agreement. Further, LA PORTE shall be authorized
to impose the provisions of its Plumbing Code, and its Water and
Sewer Rate and Service Ordinances, upon water and/or sewer customers
served by LA PORTE under the terms of this agreement, which
customers are situated within DEER PARK.
IV
LA PORTE agrees to continue to provide water and/or sewer
services to the existing commercial establishments, in DEER PARK
along Underwood Road, for a two year period terminating on June 30,
1992. DEER PARK agrees to construct and place in operation,
necessary facilities to serve such customers, on or before June 30,
1992. LA PORTE shall have no obligation to furnish water or sewer
service to such customers, after June 30, 1992.
V.
DEER PARK agrees that, upon certification by LA PORTE of non
payment of a sanitary sewer bill to a connection served by LA
PORTE's sanitary sewer line, that DEER PARK will take enforcement
action against said customer, under DEER PARK's applicable water and
sewer rate and service ordinances, including disconnection of DEER
PARK's water service to such connection, for failure of such
customer to pay LA PORTE's sewer service charge.
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WITNESS OUR HANDS and the Seals of our respective Cities, this
the -.:.l"s'f~:'d,ay of June, 1990.
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AT.TEST: . -:J~! L'
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City Secretary
Ae2:~c:;h
City Attorney
,
CITY OF LA PORTE
BY: ~~/;~
J!(o man . alone M yor
CITY OF DEER PARK
By:9-.~~J ~
Ji Burke , Mayor
.'
PORTE
Sewer
Service
LA
EXHIBIT A
SERVICES PROVIDED BY
TO CERTAIN
LOCATED IN THE CITY OF DEER PARK
THE CITY OF
WATER AND SEWER
BUSINESSES
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Provided
By
Water
Service
Provided
By
LP
LP
LP
LP
LP
LP
LP
*
.
*
LP
LP
#
#
LP
LP
LP
LP
LP
LP
LP
LP
DP
DP
DP
DP
DP
Business
and Sons Construction
Roznovak
* * Holt
Earnest
Comex Inc.
Dashiell Corp.
Hi-Tech Refractory
Odessa-Babbit
Brownies Strip Center
Linde Corp
Amber Electric
EnClean (Parkem-Maintech)
Koch Contractors
Abbott Development (Koch Const.)
Abbott Development (Equipco)
1230 Underwood
1242 Underwood
1250 Underwood
1260 Underwood
1310 Underwood
1306 Underwood
1322 Underwood
1234 Underwood
2910 E. "P" Street
1314 Underwood
1318 Underwood
Unknown
Unknown
Address
System
Private Septic System
No Longer In Business
Proposed Tie-In to La Porte Sewer
*
*
*
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